What to do if my insurance company denied a water claim?

A pipe was leaking in the slab and ruined my harwood floors. They agree that the pipe was leaking in the slab but said they dont have enough proof that it caused the wood floor to buckle. I had a general contractor look at the floor along with a forenic engineer. They feel that it is due to the slab leak but need to remove part of the floor to prove this to the insurance company. My general contractor suggested I work with an attornery to fight this claim. My insurance agent told me that appealing my denied claim would do me no good.

Asked on July 18, 2012 under Insurance Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Of course your agent said that appealing the claim would do you no good--he works for the insurer, either directly or indirectly (i.e. he makes money from them).

Insurance policies are contracts; the insurer must pay when the policy's terms indicates it must. If you believe that the insurer is not honoring its obligations, you could sue the insurer, if necessary, to enforce the contract. You should speak with an attorney, who can review the policy and situation with you and advise you as to your options; the attorney can negotiate with the insurer and/or bring a legal action, if warranted.


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